Terms & Conditions

MTN MPULSE TERMS OF SERVICE
  1. Definition
    This General Terms of Service (this “TOS”), as may be modified or amended periodically by MTN Nigeria Communications Plc. (“MTN”) is a legally binding agreement made by and between MTN and the subscribers that opt for the mPulse services. The following terms shall have the meanings as set out hereunder:
    1. “User/Subscribers/ “You” or “Your” means MTN’s Subscribers duly registered on MTN Network and or legal entity using the MTN mPulse services .
    2. “Service” means mPulse services as represented in the website and under this TOS
  2. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, MTN DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY MTN, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.

  3. GRANT OF RIGHTS
    Subject to Your compliance with the terms and conditions of this TOS, MTN grants You a limited, non-exclusive right to use the Services, and any content and materials made available to You in connection with Your use of the Service.
  4. TERMINATION
    1. You may stop using the Services at any time and MTN may terminate Your access to the Services in whole or in part if it reasonably believes You have breached this TOS, or any other related terms, guidelines or policies.
    2. Following termination in 4.1 above, You will not be permitted to use the Services.
  5. INTELLECTUAL PROPERTY RIGHTS
    1. Using the Services does not give You ownership of or any rights to any materials or content that may be provided to You in connection with Your use of the Services, all of which is owned by MTN, its licensors, or other entities, and is protected by copyright and other intellectual property rights.
    2. Except as expressly set forth in this TOS, You may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to You in connection with Your use of the Services, without express permission from the owner of such content or MTN (as may be applicable).
    3. Using the Services does not give You any rights to use any trademarks, service marks, trade dress, trade names, or the likes, without express permission from the owner of such content.
  6. PROHIBITED CONDUCT
    1. You may use the Services and any materials or content made available to You in connection with Your use of the Services only as expressly permitted under this TOS and only in a manner that does not interfere with MTN’s right or ability to provide the Services or any third party’s right or ability to use or enjoy the Services, or any Law.
    2. You represent and warrant that You will not post any of the following:
      1. Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
      2. Unauthorised use of the Service and breach of the TOS will give MTN a right to a claim for damages and/or institute a legal action
    3. If You see objectionable content in the course of Your use of the Services, You must report such content to MTN by contacting MTN customer service or through any other applicable reporting means as provided through the Services. MTN reserves the right to address such requests in any manner in its sole discretion.
    4. You are responsible for the safety of Your account and Your password. You will immediately notify MTN if You become aware of any unauthorised use of, or access to the Service through Your account, including any unauthorised use of Your password or account.
  7. CHANGES TO TERMS
    1. MTN may change or discontinue any of the Services at any time without notice or liability to You or any third party.
    2. Subject to 7.1 above, MTN also reserves the right to change these terms and conditions at any time without notice.
    3. MTN may periodically modify and supplement these TOS, with or without notice to You. You are responsible for regularly checking these TOS for updates revisions.
    4. By accepting these Terms and Conditions, You will be deemed to have accepted these and any varied terms and conditions.
  8. PLAYLIST
    1. Whilst Youtube playlists are accessible via the Service, MTN shall not be liable for Your use of the video content accessed on Youtube.
    2. In addition to these TOS, You shall be subject to and agree to comply with the Youtube terms and conditions in accessing the Youtube playlists. Youtube’s terms and conditions can be accessed via the following link: https://www.youtube.com/static?template=terms.
  9. CONFIDENTIALITY/PRIVACY POLICY
    You agree that MTN may collect, use, and share Your information in accordance with MTN’s Privacy Policy.
  10. FEEDBACK
    If You submit ideas, suggestions or anything else about the Services (such as ways to improve the Services) to MTN, You agree that such information is non-confidential and MTN can use or publish such feedback for any reason, without any payment entitlement/compensation to You. Please do not submit any feedback to MTN with compensation expectation as MTN will not be granting such rights.
  11. OPPORTUNITIES FOR YOU
    1. By participating in any competition(s) or event(s) or learning resource(s) via the Service, You agree to comply with the terms and conditions of such competition(s) or event(s) or learning resource(s).
    2. Where such competition(s) or event(s) or learning resource(s) is provided by a party other than MTN (a ”Third Party”),MTN shall not be liable for any information supplied by you to such Third Party for and MTN shall not be held liable for such Third Party’s use of the information provided.
  12. HYPER-LINKS
    1. This site may be hyper-linked to other sites which are not maintained by, or related to, MTN.
    2. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or MTN. MTN has not reviewed any or all of such sites and is not responsible for the content of those sites.
    3. Hyper-links are to be accessed at the User’s own risk, and MTN makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this site.
    4. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by MTN of that site.
  13. SUBMISSIONS
    1. You hereby grant to MTN the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to MTN through this site (together, the ‘‘Submission’’), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.
    2. MTN will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future MTN operations. MTN will treat any personal information that you submit through this site in accordance with stipulated conditions in its Privacy Policy.
  14. WEBSITE/CONTENT
    1. You understand that MTN cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. MTN does not assume any responsibility or risk for your use of the Internet.
    2. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by MTN. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
    3. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and MTN does not undertake any obligation to update such information
  15. DISCLAIMERS, EXCLUSIONS, LIMITATIONS
    1. Disclaimer of Warranties
      1. MTN PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. MTN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE.
      2. MTN MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. MTN MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS OR INFORMATION WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE.
    2. Exclusion of Damages.
      MTN will not be liable to You or any third party for any consequential, incidental, indirect, punitive or special damages (including, without limitation, damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the services.
    3. Limitation of liability.
      1. In no event will the aggregate liability of MTN arising from, relating to, or in connection with this TOS or the Services exceed the amount that You paid MTN for Your use of the services.
      2. Except as may be specifically provided in this Agreement, neither party shall be liable to the other for any type of special, indirect and/or consequential losses or damages arising under statutory or common law, including but not limited to loss of profits, loss of business opportunities, loss of income, loss of use, loss of goodwill, loss of revenue or third party claims.
    4. Indemnity
      You agree to indemnify, defend and hold MTN and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by You of any provision of this TOS or (ii) arising from, related to, or connected with Your use of the Services.
  16. GOVERNING LAW
    This TOS shall be governed in accordance with the Laws of the Federal Republic of Nigeria.
  17. GENERAL
    User Generated Content Terms
    IF YOU USE THE SERVICES TO SUBMIT OR GENERATE CONTENT, THEN IN ADDITION TO THE PROVISIONS OF THE GENERAL TERMS OF SERVICE, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOU. SUCH CONTENT IS REFERRED TO BELOW AS “USER GENERATEDCONTENT.”
  1. MTN reserves the right, but not the obligation, to refuse to post or remove any User Generated Content at MTN’s sole and absolute discretion. You represent and warrant that you will not post any of the following:
    1. Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
    2. Political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail;
    3. Assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings;
    4. Individual information of other Users or messages soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and/or other personally identifiable information;
    5. Any content that may infringe any patent, trademark, trade secret, publicity rights, copyright or other intellectual or proprietary right of any party;
    6. Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;
    7. Any content that involves alcohol, tobacco, controlled or illegal substances, or weaponry, or that promotes or has a connotation to any illegal activity;
    8. Reviews that appear to be exclamatory or otherwise appear to be purposefully deceptive or not based on personal knowledge or experience, as determined by MTN in its sole discretion;
    9. Any content that is promotional or commercial in nature, or is inappropriate or inaccurate based on the applicable subject matter, location or topic;
    10. Content that violates any standards or policies of MTN as determined by MTN in its sole discretion;
    11. Content that impersonates, disguises or conceals the identity of any person or entity or otherwise misrepresents a user's affiliation with a person or entity;
    12. Content that is not legible, that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information; and
    13. Content that is intended to annoy, harass or anger other users, (e.g., “trolling”).
  2. If You see objectionable content in the course of Your use of the Services, You may report such content to MTN by contacting MTN customer service or through any other applicable reporting means as provided through the Services. MTN reserves the right to address such requests in any manner in its sole discretion.
  3. By contributing content to the site, You automatically grant MTN an irrevocable and perpetual, non-exclusive, transferable, fully-paid, royalty-free worldwide license, by ourselves or with others to use, copy, distribute, publicly perform, publicly display, print, publish, reformat, translate, modify, revise and incorporate into other works, in any form of media or expression.
  4. You also represent that, You own all intellectual property in any content You contribute. You must not upload, submit or contribute any content not originally created by You, or any content which is not properly licensed to You for uploading, submitting or contributing.


Copyright © 2020 MTN Nigeria Communications Plc.


All rights reserved.
TERMS AND CONDITIONS FOR MTN MPULSE SPELLING BEE
  1. Definitions
    The following terms will have the specific meanings assigned to them in these “Terms and Conditions”:
    1. “Competition” means the nation-wide spelling bee competition on the mPulse website dubbed “MTN mPulse Spelling Bee” organized by MTN Nigeria Communications PLC (“MTN”);
    2. “Competition Website” means the mPulse website www.mtnonline.com/mpulse where participants are required to follow the instructions on the Competition announcement page in order to participate in the MTN mPulse Spelling Bee Competition
    3. “Entrant/Contestant”means a person who is permitted by these Terms and Conditions to participate in the spelling bee and submits an entry in accordance with the rules and instructions as displayed on the Competition Website
    4. “First Entry Period/First Round” - refers to the duration of the first stage of the Competition, which will run for the period of 13th September, 2021 to 24 th October, 2021 and during which time interested individuals would be allowed to sign up for the Competition.
    5. “Second Entry Period/Second Round” refers to the duration of the second stage of the Competition which will run from 29th October 2021 to 7 th November, 2021 and will only be open to Entrants who have successfully passed through the First Round and have been invited to proceed to this stage of the Competition via their unique user ID on the Competition website.
    6. “Terms and Conditions” means these Terms and Conditions, including all the annexes and amendments thereof.
    7. “Time” - means Nigerian local time, as observed in Lagos, Nigeria. To clarify, all time references in these Terms and Conditions are referring to “GMT+1”
    8. “Winners”means the winners of the MTN mPulse Spelling Bee Competition selected after the completion of the three (3) rounds of the Competition and after verification and validation by MTN.
  2. Eligibility
    1. The Competition is open to only students (both boys and girls) in primary and secondary schools (public and private) within the territory of the Federal Republic of Nigeria who are between the ages of Nine (9) and Fifteen (15) years old.
    2. All Entrants must not be more than Fifteen (15) years of age at the start of the Competition which shall begin on 13th September, 2021.
    3. In entering the Competition, an Entrant confirms that he/she is eligible to do so and also eligible to claim any prize that may be won.
    4. MTN may require an Entrant, at various stages of the Competition, to provide proof that he/she is eligible to enter the Competition.
    5. Only one entry per person is permitted. Entries via third parties and automated entries are not permitted.
    6. All applications are free and not on sale.
    7. The Entrant must not previously have been declared a champion or runner-up of the last MTN mPulse Spelling Bee and the 2019 MTN sponsored Lagos State Private Schools Spelling Bee in 2019.
    8. Entries not submitted in accordance with these Terms and Conditions and all other rules and directions as given by MTN, or entries that are incomplete or illegible (as determined in our sole discretion) will not be eligible.
    9. MTN reserves the right to disqualify prior to or during the Competition any Entrant who is not in compliance with any of the eligibility requirements of this Clause 2. MTN may, at its discretion or at any time between the conclusion of the Competition and 31st December, 2021, require any Entrant who is found to have not been in compliance with any of the Eligibility requirements to forfeit any prizes, rank and other benefits accorded to that Entrant as a result of participation in the Competition.
  3. The Competition
    1. The Competition shall comprise of three (3) rounds. The First Round and the Second Round will be held online on the Competition website during the First Entry Period and Second Entry Period respectively.
    2. All eligible Contestants can enter for the First round of the Competition via the Competition website during the First Entry Period.
    3. All Contestants will be required to register as students on the Competition website in order to participate in the Competition.
    4. The phone number with which each Contestant registers on the Competition website must be on the mPulse tariff plan in order for a Contestant to participate in the Competition.
    5. All Contestants will be required to update and complete their student profile (including profile picture) and link their phone numbers with that of their parents in order to participate in the Competition. Outdated or incomplete student profile can lead to instant disqualification from the Competition.
    6. All Contestants must indicate parental consent to and/or sign these Terms and Conditions by providing to MTN at the time of submitting an entry the MTN Parental Release Agreement for all Contestants duly signed by their parent and any additional document(s) as required by MTN at the different levels of participation in the Competition.
    7. Each Contestant will be required to spell ten (10) words for the First Round of the Competition.
    8. Entries received after the close of the First Entry Period shall not be eligible for consideration for participation in any part of the Competition since they were not submitted within the time prescribed under this Terms and Conditions and published on the Competition website.
    9. The first 1,000 (One Thousand) Contestants with the highest scores from the First Round shall be invited to the Second Round of the Competition.
    10. Only Contestants invited for the Second Round of the Competition (identified via their unique user ID on the Competition website) will be able to access the portal during the Second Entry Period.
    11. Pictures of Contestants will be taken at intervals via the Contestant’s device camera when participating in the Competition. By entering the Competition, a Contestant agrees to have his/her picture taken and be used for later verification.
    12. The top 20 (twenty) verified Contestants from the Second Round of the Competition shall be eligible for the grand finale of the contest; verification is solely at the discretion of MTN.
    13. MTN via its designated personnel may ask a Contestant to provide documentary proof of his/her identity and/or address and/or school before confirmation of eligibility for the next round or the Grand Finale. The use of any false information (name, address, school, picture, principal’s name and contact number, teacher’s name and contact number, parent’s name and contact number, etc.) will disqualify a Contestant from further participating in the Competition or receiving any prize.
  4. Online Entry (First and Second Rounds)
    1. The First Round of the Competition begins on 13th September, 2021 and ends on 24th October, 2021. After this date, no further entries for the Competition will be permitted.
    2. All entries for the First Round of the Competition must be received latest by 11:59pm on 24th October, 2021. Only entries that are duly received by MTN before the closing time will be eligible for consideration for participation in the Competition.
    3. Only the first 1,000 (One Thousand) Contestants with the highest scores from the First Round of the Contest will be granted access to enter for the Second Round of the Competition.
    4. The Second Round of the Competition shall begin on 29th October, 2021 and end on 7th November, 2021. All entries for the Second Round of the Competition must be received latest by 11:59 pm on 7th November, 2021. Only entries that are duly received by MTN before the closing time will be eligible for consideration for continued participation in the Competition.
    5. MTN shall not be liable for entries that are lost, delayed or damaged and proof of sending an entry is not proof that MTN received it.
    6. Entries must be submitted only through the designated section on the Competition website.
    7. MTN will not be liable for any liability arising from non-compliance with these Terms and Conditions and Entrants agree to indemnify MTN against any claim by any third party from any breach of these Terms and Conditions by the Entrants.
    8. Entries must not contain defamatory, obscene, offensive, or any other unsuitable material; MTN reserves the right to disqualify entries containing such content.
  5. Grand Finale
    1. Verified top 20 (twenty) Contestants i.e. verified first 20 spellers with the highest scores from the Second Round of the Competition shall be eligible to participate in the Grand Finale.
    2. By entering this Competition, you agree to be available if invited for the Grand Finale, no replacement shall be considered. This shall hold via an online live session with all Contestants present.
    3. The Competition will be conducted orally; Contestants must spell the words orally and the use of pens and/or pencils and paper will not be allowed.
    4. Contestants may pronounce their words before spelling them, after spelling them, or not at all.
    5. Once a Contestant has begun to spell a word, he or she may not ask for a word to be re-pronounced, defined or used in a sentence. Also, having started to spell a word, a Contestant will not be given any opportunity to change letters already pronounced. A Contestant may retrace provided that letters and their sequence are not changed in retracing. Apostrophes and other punctuation are not required.
    6. If a word taken is unclear to a Contestant, he or she may ask for the word to be re-pronounced, or request to be given a definition or a sentence, provided that such requests are made within the stipulated time frame as communicated to the Contestant by the Competition officials. In the instance that the word to be spelt is a homophone, the Contestant must give the spelling of the word as defined, not a homophone of the word.
    7. If a word has more than one acceptable spelling, all spellings of that word in the English Oxford Dictionary will be accepted.
    8. Officials may disqualify any Contestant who ignores a request to start spelling his or her word within a reasonable length of time. Also, a Contestant whose spelling of a word is not audible to the officials may have his or her spelling ruled incorrect.
    9. When a Contestant mis-spells a word, the Contestant will be eliminated from the Competition and no other Contestant will be allowed to spell the same word.
    10. During the Grand Finale, apart from the official break periods, every Contestant must be seated with face (and hands) visible throughout the period they are active in the Competition. Any breach of this will lead to instant disqualification from the Competition.
    11. A Contestant will be given a particular time frame to spell the required word and will get disqualified if unable to spell the word or complete the spelling within the stipulated time frame. 
  6. The Prizes
    1. The prize for the Winners will include scholarship grant, winner’s trophy, laptop, smartphone, mPulse goody bag which may include: mPulse school bag, mPulse t-shirt, mPulse head phone, mPulse math set, mPulse pen, mPulse hand fan, mPulse bubble sticker, mPulse drawstring bag, etc.
    2. Every Winner will be required to collect their prize at the Grand Finale or at such location as may be communicated by MTN for the Winners to pick up their prize.
    3. Winners shall be solely responsible for picking up prizes won and all incidental costs thereto.
    4. Winners will be required to have their pictures or videos taken and these pictures/videos will be published online. By entering for this competition, you agree to have your pictures/videos taken and published by MTN or any of its third-party partners.
  7. Intellectual Property Rights
    1. By accepting the terms and conditions, Winners confirm that their images and all content they feature in can be used on all MTN social media, any social media platform and traditional media channels (Publicity and post event leveraging) without further notice, compensation, consideration, review, or consent, and without regard to moral rights.
    2. Additionally, winners accept that MTN possesses all rights over uploaded pictures and hereby indemnify and hold MTN harmless against any claim, loss or liability, howsoever arising in connection with the uploaded pictures; MTN and any other MTN product or contest name are trademarks of MTN and entrants shall not be entitled to reproduce such marks (other than to the extent required for personal use of the Contest) without MTN’s prior written consent.
  8. Confidentiality of Contestants information
    1. MTN may use any personal information that was provided in the course of submitting an entry for the purposes of the Contest, in the ways described in these Terms and Conditions, and for any marketing or other purposes in accordance with MTN’s privacy policy at  https://mPulse.mtnonline.com/home/privacy,the Nigerian Data Protection Regulations and any other applicable extant regulation.
    2. MTN may also share your details with its service providers and agents for the purposes of auditing, verification of results and providing prizes on its behalf, and any sponsors or partners involved in this Contest.
    3. 8.3. For further questions or concerns about the use of your personal information please contact us by email at mtn.mpulse@mtn.com
  9. Limitation of Liability
    1. Entrants agree that MTN shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury, loss or damage suffered or sustained (even caused by negligence) in connection with accepting or using a prize or participating in this Competition.
    2. By participating in the Competition, Entrants agree that:
      1. any and all disputes, claims, and causes of action arising out of or in connection with the Competition, shall be resolved individually without resort to any form of class action, and resolution shall be in accordance with the dispute resolution provisions contained in this Terms and Conditions;
      2. any claims, judgments and awards shall be limited to costs associated with participating in the Competition only, and shall in no event include attorneys’ fees; and
      3. iii. Entrants hereby waive all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual costs associated with participating in the Contest.
    3. MTN assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, or theft, destruction of, alteration or unauthorized access to the Competition.
  10. Dispute Resolution
    1. In the event of a dispute or difference between the Entrants and MTN (the Parties) in connection with or in relation to this Terms and Conditions or its performance, construction or interpretation, the party alleging the dispute shall provide a written notice, giving particulars of the dispute (the Notice of Dispute) to the other party. The Parties each agree to appoint a representative at senior management level and to cause their respective representatives to meet as soon as possible, in an effort to resolve the dispute amicably, in good faith and with absolute fair play. All such representatives of the Parties shall be referred to as ‘Settlement Nominees’ and the period agreed on for such discussion shall be referred to as “Period of Discussion”.
    2. If the dispute is not resolved by formal negotiation as stated in Clause 10.1 within fourteen (14) business days of the Notice of Dispute, the dispute shall be referred to mediation. The mediation shall be conducted by a CEDR UK accredited mediator or any other equivalent accredited mediator to be appointed by the Parties. The Lagos Multi Door Court House Model Procedure Rules 2007 shall apply. For the avoidance of doubt, in the event that the Parties are unable to agree on the appointment of a mediator within one (1) month, the Parties shall proceed to litigation as stated in clause 10.3.
    3. If the dispute is still not resolved after fourteen (14) business days of its being referred to mediation as specified in Clause 10.2, each party irrevocably agrees that the dispute shall be finally resolved by a Nigerian court of competent jurisdiction which shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement, its subject matter or formation
  11. General
    1. All Participants must indicate parental consent to and/or sign these Terms and Conditions by providing to MTN at the time of submitting an entry the MTN Parental Release Agreement for all Contestants duly signed by their parent and any additional document(s) as required by MTN at the different levels of participation in the Competition.
    2. MTN shall not be liable for any damage, loss or disappointment suffered by any person taking part or not being able to take part in this Competition, or from being unable to claim their prize.
    3. Insofar as is permitted by law, MTN, its agents or distributors will not in any circumstances be responsible or liable to compensate the Winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up a prize except where it is caused by the negligence of MTN, its agents or distributors or that of their employees. The statutory rights of the Contestants are not affected.
    4. In the event of unforeseen circumstances or at its own discretion, MTN may alter, amend or foreclose the Competition without prior notice and without any obligation to the Contestant or any person. MTN reserves the right to change the provisions of these Terms and Conditions at any time without notice.
    5. By participating or continuing to participate in this Competition, Entrants will be deemed to have accepted these and any varied terms and conditions which will be posted on the Competition Website.
    6. These terms are governed by Nigerian law and all entrants is bound by/and submit to the jurisdiction of the Nigerian courts.
By participating in this Competition, I agree to be bound by these Terms and Conditions and confirm that I meet all eligibility requirements listed herein. By participating in the Competition, I agree that the decisions of MTN are final and binding on all matters pertaining to this Competition.
Name of the Entrant:
Date:
Signature:
Copyright © 2021 MTN Nigeria Communications Plc
All rights reserved.

The MTN mPulse Hackathon (the “Competition”) is a Competition with a theme, beyond Covid-19, where young adults who are passionate about making a difference, build innovative COVID-19 related solutions that:

  • Support home-schooling, remote education and continued learning (e.g. home-schooling solutions)
  • Enable the delivery of group interactions on a remote basis
  • Ensure verified and accurate information reaches even the most remote locations
  • Aid efficient distribution of food, products and services (the “Content”).

The Content submitted will be evaluated by a panel of judges, who will select and collate the best of the Entries received based on set criteria to be provided by MTN Nigeria Communications Plc (“MTN”). See below for the complete details.

In this Terms and Conditions (“Terms”), where the context so admits:

Designated Online Platform” shall refer to the MTN mPulse website www.mtnonline.com/mpulseEntry/Entries” shall refer to a Content uploaded by a Participant on the mPulse website in the following formats: mobile informative games / applications (Apps) and web applications (websites) that align with the Theme

Theme” means beyond COVID-19

MTN/We/Us” shall refer to MTN Nigeria Communications Plc;

“Participant(s)” shall refer to every eligible individual in primary or secondary school between the ages of nine (9) to nineteen (19) years in Nigeria who indicates interest and participates in the Competition. Employees and relatives of MTN, and Employees and relatives of MTN’s Partners and Vendors are prohibited from participating in the Competition;

Parties” shall refer to MTN Nigeria Communications Plc and the Participant(s) together; and

Party” shall refer to MTN Nigeria Communications Plc and each Participant individually.

Personal Information” shall refer to any information relating to an identified or identifiable natural person, including those identified under clause 10 and as defined under the Nigerian Data Protection Regulation;

Privacy Policy” shall refer to MTN’s privacy policy which is accessible at https://mtnonline.com/data-privacy-policy; and

“You/Your” may also be used to refer to a Participant.

  1. Binding Agreement
  2. These Terms set out the contractual framework for participation at the different levels of the Competition from the selection process to when the winners are announced. Once accepted, it becomes a binding agreement between a Participant and MTN.

    In order to participate in the Competition, You agree to these terms and conditions. You accept that you have read these Terms prior to submitting Your Entry to ensure You understand and You agree to be bound by these Terms. You agree that the submission of an Entry in the Competition constitutes Your acceptance of these Terms. These Terms form a binding legal agreement between You and MTN with respect to the Competition. All requirements within these Terms will be strictly enforced.

    These Terms shall be read in conjunction with all official information about the Competition on MTN’s website and MTN mPulse website (the “Website”) as well as any MTN designated online platform. These Terms shall supersede any conflicting information on the Website or MTN designated online platform. 

  1. Eligibility Criteria:
    1. All valid Entries must be received through the Designated Online Platform.
    2. Every Content uploaded must adhere to the specified requirement and submitted within the stipulated timelines.
    3. Participant must currently be a primary or secondary school student in Nigeria during the Competition Period as defined below.
    4. Participants must be resident in Nigeria
    5. Every content uploaded must adhere to the specified requirement and submitted within the stipulated timelines.
    6. Participants solution must be ready and easy to implement fourteen (14) days after the event
    7. Participants must ensure that uploads are in the following formats: mobile informative games / applications (Apps) and web applications (websites) that align with the with the specified requirements.
    8. All Participants must indicate consent to and/or sign these Terms; the MTN Parental Release Agreement for all Participants and any additional document to be provided by MTN at the different levels of participation in the Competition.
  1. MTN MPulse Hackathon Period:
  2. The Competition shall commence on 15th November, 2020 and ends on 20th February, 2021 (“Competition Period”).

  1. How to Participate
  2. To participate in the Competition, visit the Website during the Competition Period and follow the instructions for submitting the Content.

  1. Winners:
  2. All Entries shall be reviewed by a panel of judges together with MTN representatives. The top ten (10) Entries during the Competition Period shall be invited for an online event where they would be required to present a demo of their demo, and a pitch of the problem their solution solves.

    The top five (5) Participants shall receive an amount as shall be determined by MTN in its sole discretion.

  1. General Conditions
    1. All relevant regulations apply.
    2. MTN reserves the right to disqualify Your Entry from the Competition if, in MTN’s sole discretion, MTN reasonably believes that You have attempted to undermine or actually undermined the legitimate operation of the Competition by cheating, deception, plagiarism, passing off or other unfair playing practices or threatening or harassing or inducing any other Participant, MTN, or the judges.
    3. You acknowledge that the submission of Your Entry in to the Competition is without any guarantee or assurance of any sort or for reward to You and/or any compensation for any fees that may have been incurred by You in collating the Content and/or submitting Your Entry.
    4. You agree and understand that you shall have no claims against MTN whatsoever in connection with Your Entries. Any participation in the Competition is entirely at Your own risk and in no event shall MTN be liable for any direct, indirect, incidental or consequential damages.
    5. Subject to the foregoing, we reserve the right to change these Terms at any time without notice. By continuing to participate in the Competition, You will be deemed to have accepted these and any varied terms and conditions which may be posted on the Website. MTN reserves the right to cancel the Competition at any time for any reason whatsoever in its sole and absolute discretion without any obligation to furnish any reasons or provide any compensation.
  1. Acceptance of Entries:
  2. Entries are void if they are in whole or part illegible, inaccessible or partially accessible, inaudible or partially audible, incomplete, altered, counterfeit, or submitted late. During the Competition Period, MTN, its agents, and/or the judges will be evaluating each Entry to ensure that it meets MTN’s requirements. MTN reserves the right, in its sole discretion, to disqualify Your Entry. You shall be required to sign and return a Parental Consent and Release Form and provide any additional information that may be required by MTN at any time. If requested, You shall provide any such required document within three (3) days following a request by MTN, otherwise, You will be deemed to have withdrawn Your Entry.

  1. Intellectual Property Rights
  2. By submitting a Content or Entry in this Competition, You warrant and represent that You own all of the intellectual property and proprietary rights in and to the Content. You indemnify MTN and its partners from any claims and liability whatsoever and howsoever arising in connection with an allegation of or actual breach of intellectual property or other proprietary rights to the Content.

    The Participants shall retain ownership and control of the Content. Each Participants shall regulate the Content via a play store account set up in the Participant’s name. The Participants undertakes to constantly update, debug, upgrade, and refine (“Updates”) their Content for the duration that their Content are hosted on the MTN mPulse site. All updates made by the Participants shall be supervised by a designated MTN technical staff.

    Unless otherwise expressly stated herein, each Party shall retain their intellectual property relating to this Competition and nothing herein shall constitute a transfer of intellectual property between the Parties,

    The Competition, the Website, the features within the Website and the Designated Online Platform, all related trademarks, logos, taglines, trade names, copyrights and all intellectual property and features within the Competition are protected by intellectual property rights belonging to MTN or to our licensors. No license is granted to You in respect of any of these, except to the extent required for Your personal use of the Website or for submitting an Entry, in accordance with these Terms. MTN and any other MTN product are trademarks of MTN and You shall not be entitled to reproduce such marks without MTN’s prior written consent.

    Privacy

    MTN may collect certain Personal Information during the course of your sign up, submitting an Entry and, generally, in the course of the Competition. Such information shall include but not be limited to your name, location, mailing address, phone number, email address and social media handle, interest, experiences, business ideas and musical preferences. By accepting these terms and conditions you consent to MTN’s processing, storage and sharing of your Personal Information. All Personal Information shall be stored, processed and dealt with in line with MTN’s Privacy Policy.

    The Personal Information collected by MTN shall be used for identifying you as a Participant during the Competition as may be applicable, to facilitate appropriate profiling and engagements with the Participants during the Competition, for statistical purposes, contact purposes, and other ancillary purposes as well as in any other circumstance as prescribed by law or further to the purpose of MTN’s telecommunication business. 

    Participant also unequivocally consents to and grants MTN right to use such Personal Information to verify the Participant’s identity, and telephone number whenever required in the course of the Competition.

    Participants completely excludes and indemnifies MTN from any claims and liability whatsoever and howsoever arising in connection with malfunction of the entire Competition portal/channel or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Entry materials or Personal Information, due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet during the Competition, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit your ability to participate.

    This clause 9 shall be read in conjunction with MTN’s Privacy Policy which sets out in full how your information shall be processed and also sets out your rights over your Personal Information

  1. Non-Disclosure and Confidentiality
  2. Every information, content, event, performance or incident related to this Competition (“Confidential Information”) shall be treated with outmost secrecy and confidentiality by the Participant. Except where authorized by MTN in writing, no Participant shall disclose such Confidential Information) to any third party whatsoever.

    Where Confidential Information is released to or accessed by any Participant in accordance with the requirement under this clause, such Participant shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of any data and Confidential Information; except upon the prior written authorization of MTN.

    The provision of this clause 10 shall continue to apply even after the cancellation or completion of the Competition. The Participant shall erase or cause to be erased all Confidential Information and data released to or accessed by the Participant. The Participant shall provide a written confirmation of the aforementioned deletion to MTN.

    Additionally, if so required by law or valid legal or regulatory process, the Participant may disclose such Confidential Information, but only following notice by the Participant to MTN of the requirement to disclose and reasonable cooperation with any attempt by MTN to maintain the confidentiality of such Confidential Information.

  1. Warranty and Indemnity
  2. You warrant that Your Content is/are Your own original work and, as such, You are the sole and exclusive owner and rights holder of the submitted Content and that You have the right to submit the Content in the Competition and grant all required licenses. You agree not to submit any Content that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) is already submitted, for whatsoever purpose, to a competitor of MTN; or (3) otherwise violates the applicable state, federal, local or provincial law.

    To the maximum extent permitted by law, You indemnify and agree to keep indemnified MTN and its affiliates at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from Your actions, default or omission and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless MTN and its affiliates from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Content or other material uploaded or otherwise provided by You that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by You in connection with the Competition; (c) any non-compliance by You with these Terms; (d) claims brought by third parties arising from or related to Your involvement with the Competition; (e) misuse or participation in any Competition-related activity or participation in this Competition; (f) any malfunction or other problem with the Website or Designated Online Platform arising from your misuse of the Website; or (g) any error in the submission of Entry information. You further indemnify MTN and its officers, directors, employees, servants, agents or contractors or other persons against any loss, damage, liability, claim or demand by third parties in relation to Your breach of these Terms.

  1. Elimination
  2. Any false information provided within the context of the Competition by You concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Terms or the like may result in Your immediate elimination from the Competition.

  1. MTN’s mPulse Hackathon portal/channel:
  2. MTN and its affiliates are not responsible for any malfunction of the entire Competition portal/channel or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Content or Entry materials due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet during the Competition or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Your ability to participate.

  1. Unacceptable Content
  2. MTN shall not accept Content submissions that contain, promote, display or provide a link to adult content, pornographic material, graphic or gratuitous violence, or content of a nature that MTN in its sole discretion consider to be defamatory, inaccurate, abusive, obscene, violent, profane, threatening, harassing, racially offensive, culturally and/or politically intolerant, discriminatory, that infringes or violates a third party’s rights and/or relates to or promotes any activity of a criminal nature, directly affiliated or a representation of a political party or persona, conspicuous advertisement of a product and service, prejudicial or discriminatory in nature, or Content that may bring MTN’s name and/or brand and/or products or services into disrepute. Furthermore, You shall not include cutouts or any parts from third party videos, or third party sound tracks. Your Content should also not contain any viruses or programming that would cause harm to the Website or the MTN network in any manner.

    You understand and accept that the submission of any unacceptable Content shall be a ground for Your automatic disqualification from the Competition.

  1. Right to Cancel, Modify or Disqualify
  2. If for any reason the Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Competition, MTN reserves the right at its sole discretion to cancel, terminate, modify or suspend the Competition. MTN further reserves the right to disqualify any Participant who tampers with the submission process or any other part of the Competition or the Website. Any attempt by a Participant to deliberately damage the Website, or undermine the legitimate operation of the Competition is a violation of criminal and civil laws and should such an attempt be made, MTN reserves the right to seek damages from any such Participant to the fullest extent of the applicable law.

  1. Governing Law
  2. These Terms shall be governed by, subject to, and construed in accordance with the laws of the Federal Republic of Nigeria.

  1. Dispute Resolution
  2. In the event of a dispute or conflict between the Parties in connection with or in relation to the Competition, these Terms or its performance, such dispute shall first be amicably settled as soon as possible at the senior management level of MTN by representatives of both Parties. All such representatives of the Parties shall be referred to as ‘Settlement Nominees’ and the period agreed on for such discussion shall be referred to as “Period of Discussion”.

    If the dispute is not resolved by formal negotiation as stated above within fourteen (14) Business Days of the notice of dispute, the dispute shall be referred to mediation. The mediation shall be conducted by a CEDR UK accredited mediator or any other equivalent accredited mediator to be appointed by the Parties. The Lagos Multi-Door Court House Model Procedure Rules 2007 shall apply. For the avoidance of doubt, in the event that the Parties are unable to agree on the appointment of a mediator within one (1) month, the Parties shall proceed to litigation as stated above.

    In the event the dispute is still not resolved after fourteen (14) Business Days of its being referred to mediation as specified above, each Party irrevocably agrees that the dispute shall be finally resolved by a Nigerian court of competent jurisdiction which shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or the Competition, its subject matter or formation.

  1. Severability
  2. If any of the provisions of these Terms are deemed not enforceable by law, all other provisions outlined in these Terms will still apply while the unenforceable provision will be severed herefrom.

  1. Successful Participants
  2. Successful Participants shall be notified, by MTN, at each stage of the Competition. If requested by MTN, the Participant must provide any required document or information during and after the Competition Period otherwise the Entry of the Participant shall be deemed to be withdrawn. 

    Subject to the foregoing, MTN reserves the right to change these Terms at any time without notice. By continuing to participate in the Competition, the Participant will be deemed to have accepted these Terms & Conditions and any varied terms and conditions which may be posted on the Website or circulated by MTN. MTN reserves the right to cancel the Competition at any time for any reason whatsoever in its sole and absolute discretion without any obligation to furnish any reasons and without any obligation to You.

  1. Disclaimer
  2. Except as expressly provided herein, MTN shall not be liable to any Participant for any liability or expenses, damages, or injuries suffered as a result or in connection with the Competition.

    For more information about “MTN’s mPulse Hackathon”, please reach out to us on any of the following channels:

    Phone number: 180

    Email: mtn.mpulse@mtn.com 

    Instagram: mtnng

    Twitter: mtnng

Copyright © 2020 MTN Nigeria Communications, Plc. All rights reserved.

MTN Nigeria Communications Plc. MTN Plaza, Falomo, Ikoyi, Lagos, Nigeria.

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